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MURPHY v. NEW YORK CENT. R. R. CO.

17 Misc.2d 1026 (1959)

Rosemary T. Murphy, as Executrix of John J. Murphy, Jr., Deceased, Plaintiff, v. New York Central Railroad Company et al., Defendants, and City Products Corporation, Third-Party Defendant.

Supreme Court, Special Term, Erie County.

June 23, 1959.

Attorney(s) appearing for the Case

William J. Flynn, William J. Flynn, Jr., and Robert Lane for plaintiff.

Vaughan, Brown, Kelly, Turner & Symons (John E. Leach of counsel), for New York Central Railroad Company, defendant and third-party plaintiff.

Gibbons, Pottle, O'Shea & Adamson (Philip J. O'Shea of counsel), for third-party defendant.

REID S. MOULE, J.

The plaintiff seeks an order of the court in Special Term requiring George H. Miller, road foreman of engines of the defendant railroad to answer a question asked by plaintiff's attorney on an examination before trial. It was objected to by defendant railroad's attorney, who also opposes the motion for the order.

The action is one to recover damages for injury and death caused by alleged acts of negligence on the part of the...

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